Military pensions are earnings. It matters not what members of the Canadian Forces may have been told about their eligibility for UI in 1972. What the Commission must apply is the law which exists at the time the pension is being paid.

Issue:

Sub-Issue 1:

Sub-Issue 2:

Sub-Issue 3:

earnings

pension

exemption clause

Summary:

Although it may appear inconsistent that a pension is not earnings as a result of new insurable employment, that is no legal basis for setting aside the legislation which has created the apparent inconsistency. Parliament has simply provided for an exception.